Lasting Power of Attorney

Why should I make a Lasting Power of Attorney?

It isn't easy to thinking and talk about what would happen if our faculties deserted us. Yet it's important to consider how much worse the situation would be if you had a stroke, serious accident or dementia without sorting out arrangements first.

A Lasting Power of Attorney (LPA) is a document you can write at any time in your life whereby you can nominate who can manage your affairs should you be incapable of managing them yourself. If you ever need one and haven't got one then it is too late and someone would have to make an application to the Court of Protection on your behalf. This is a long and costly process; annual fees can run into thousands of pounds. See Hather Bateman's story at

There are two types of LPA: one for property and finance and another for health and welfare.

A Property and Financial Affairs LPA

This allows your Attorney to make decisions about your personal affairs including: collecting your income and benefits, paying your bills and selling your home if necessary. Don't think you suddenly give up control. You can choose whether it can be used either before or only when you have lost mental capacity.

Your attorney should only ever make a choice for you if you're unable to make that specific decision at the time it needs to be made or if you become mentally incapacitated.

A Health and Welfare LPA

This allows your Attorney to give or refuse consent to medical treatment and to decide where you live. They can also make day-to-day decisions like what you eat and wear and who can visit you Should your family be concerned about the quality of your care, they can only remove you from your residence if they have an LPA. These decisions can only be taken on your behalf when you are unable to make them for yourself as you have lost mental capacity . A recent case involving and 86 year old grandmother, Betty Figg, was highlighted in the national press!